UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 21, 2008
ERNEST MILLER, PLAINTIFF,
CALIFORNIA STATE PRISON, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING MOTION FOR ORDER MANDATING RETURN OF LEGAL PROPERTY (Doc. 15)
Plaintiff Ernest Miller ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 4, 2008, Plaintiff filed a motion asking the undersigned to issue an order mandating the return of his legal property.
Plaintiff is housed at High Desert State Prison and liberally construed, this action involves claims that his mail was tampered with, he was retaliated against, and he was discriminated against while at housed California State Prison-Corcoran.*fn1 The Court does not have jurisdiction in this action over prison officials at High Desert State Prison and therefore cannot issue an order mandating that they return Plaintiff's legal property to him. City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006).
Accordingly, Plaintiff's motion is HEREBY DENIED.
IT IS SO ORDERED.